Legal Opinion

Berry v. Empire Indemnity Insurance Co.

Supreme Court of Oklahoma

Decided September 22, 1981No. 53632PublishedCited by 16 opinions

1Opinion of the Court

DOOLIN, Justice:

Today we are requested to either overrule or modify Laubach v. Morgan. 1 We are posed the following questions: (1) Did the State Legislature in effect overrule Lau-bach when it established a right of contribution among tort-feasors in 12 O.S.Supp. 1979 § 832? (2) Should the several liability rule apply to a pure, or faultless, plaintiff?

I

Plaintiff was a passenger in a city-owned garbage truck which was involved in a traffic accident with another vehicle. Plaintiff sued the driver of the other vehicle (Driver 2), that driver’s employer and that employer’s insurance company.…

2Cases cited8 opinions

  1. Best v. YerkesSupreme Court of Iowa · 1956
  2. Laubach v. MorganSupreme Court of Oklahoma · 1978
  3. Boyles v. Oklahoma Natural Gas Co.Supreme Court of Oklahoma · 1980
  4. Cain v. Quannah Light & Ice Co.Supreme Court of Oklahoma · 1928
  5. Marshall v. MarshallSupreme Court of Oklahoma · 1961

3 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Teel v. Public Service Co. of OklahomaSupreme Court of Oklahoma · 1987
  2. National Union Fire Insurance Co. v. A.A.R. Western Skyways, Inc.Supreme Court of Oklahoma · 1989
  3. Anderson v. O'DONOGHUESupreme Court of Oklahoma · 1983
  4. Fernanders v. Marks Construction of South Carolina, Inc.Court of Appeals of South Carolina · 1998
  5. Breeden v. ABF Freight System, Inc.Court of Appeals for the Tenth Circuit · 1997

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